The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-03-31

ruling The de@prss 10 evidence, sean another
jury - asssss the damagse
g. When this court holds thxt The issues were
propeny Epuud On .. demurrer 10 evidencs n
favor Of The .plaiutiG but the Judgment Of tAe
court below is reversed on The groond hat ~
pressding Judge had no authority 20 assess ~
damsgess the cause win, 10 the abssnce q Other
controlling reasons. be sens back .N1{h anl amin
ancs OF The nndinGs a. thes Judget end insfruc-
tions 10 Call Jury 70 assess The plainsilrs dam
age, OF Il may. IL the judgmsut Cd ~ demune<
In ne oosrt bslo. y 10 iavot af ~ Ilessndses.
and Il 2 apparent from The record thai The plain
til had not disclosed the whole merits Of III
case. set aside the ruling Of the Jude4 below and
award uenirs dc noeo.
4 When there y Judgment 10 the court below
In favor Of plsintif and judgment is reversed On
assess the tAmsges. and 1t 10 apparent from the
record that the defendgpt did moi discloss lhe
matters cOnstltuting his defense because The
1 plainti6 had omitted "a Introduce any evidences
by which The Jury could asseu the damage he
the plaintiff had sustained. this court Ia revers-
ing the case will award ceniye Dc noso :
+ 8. A pulley Ut insurance. against loss by 6re
which provides that such loss shall be estimated
according To the actual cash value ut the prop
erty ~ the time OF the loss not exceeding The
sum injured, leaves the question of value open,
and before . recovery thereon can be had for
cash value Of such property at the time Of the
E'es must be produced to the jury. s'i =
o. Where the assured party has made written
proofs NJ loss rs required by the policy, and de-
lvered such proof 10 the insurer, secondary evi-
deuce of their coutents~ cannot be introduced by
the assured unless he has given notice TO the
insurer 70 produce such proofs and he has failed to
do So
Judgment reversed and peairs de- aoso
awarded
W. A. Blount. Fred T. Myers, for Appellants;
John A. Henderson, r. W. Williams, for lAp-
pellees-'
Brent Brothers, Appellants. vs.. Henry Parker,
Appellee-EScambia county.
McWHoRTER, G. j.
i. When party contracts to cut and haul
logs for another, and 10 by him prevented from
performing his contract, The true rule of damage
IN such q case Is 10 ascertain the amount Of
profits the party contracting to cut and haul
would have made If he had gone on end CON-
pleted the contract
2. When this rule cannot be applied from the
peculiar nature OF the contract, as when no fixed
time Is agreed on for the continuance of The con-
tract, or no definite number or amount of logs
are agreed on TO be delivered, preparatory work
done oy the plaintiff as a preliminary necessity
10 the performance of his contract although he
would not have been entitled to compensation
for II If he completed his contract may be COM
pensated for 10 damages to the extent of
reasonable cost if the defendant prevents him
from performing his contract
B. II the party for whom the work ls to be
performed is justifiable in preventing the con-
tractor from going on with his work, such con-
tractor 10 not entitled to compensation for pre-
paratOry work.
An instruction given to the jury that such
contractor, ,f discharged or prevented from per-
forming his contract, is entitled TO damage for
nreDaratOrY work Ia If fnO nua o1 hxr
making such liability dependent upon finding
a. to whether such contractor was uniustifiably
discharged or not.
8. When the evidence shows that the con-
tractor had used the preparatory work afler its
completion for the delivery of q part of the logs
charge which ins,ruets the jury thar such con
tracter is entitled TO the cost Of his preparatory
work. without any deduction of the value the con-
tractor had derived from iss prior % bis dis
charge, IL erroneous. fsssl-;
Judgment is reversed and the cause Is re-
J. G. Avery, for Appellant; VIM. Fisher, John
Eagan, for Appellee.
BOUND TO OUTsHINE TABOR.
The presence in Chicago of Mr.. James
Carlisle, Of Pueblo, calls to mind an incl
dent in connection with himself and one
OF the men who became rici from the out
put of Leadville. The bonanxaite allud-
ed to was Gus Rische, and when the pres
ent millionaire and ex-senator, Tabor,
was keeping store in California Gulch,
Mr.. Tabor used to grub stake" Richie
while he prospected for a lead. Event
nally Rische and his crony, man named
Hook, almost accidentally found the
great carbonate lead that quickly built
city among the clouds and doomed Den
yer 80 satisfactorily, and made a large
number of millionaires. Of course Richie
became rich with the others, but, being
always . man of uuexalted tastes and de-
cidedly illiterate, there came q time within
q few years in which social line Of de-
marcation was drawn. Thus it happened
that once, when Tabor and others were
entertaining some Eastern magnates and
capitalists with banquet at the Claren-
don in Leadvills, Mr.. Carlisle walked into
. saloon and beheld Rische consoling
himself with an immense schooner of beer.
Hello!" said Carlisle. "Why not
at the banquet?" -
"For der pest of reasons, Chin.
dond get an invite" replied Rische
"Dem fellers vas too arisdogratig; dey
vas too decent unit respectable, und day
dond invite me some more"
Now, that's too bad, }" returned Car
Isle.
"Dond you mind that" said Rische. 81
viii gif q banget myself. Ivill get me
dot bill Of fair und / will more as dupli-
cate it, und / dond hef . decent, respec-
table fellow at der table, Then sud-
denly, as if remembering something, be
added: "Dond you, get uneasy, Chin;
you will got an inwide. ~ Chicago Mail
80
"!do not Ike thee. d.. Fell -, -
The reason why. cannot feil.~ - -
1t has often been wonderfed ut, the bad
odor this oft-quotsd Doctor was, In.
Twas probably because beI being one of
the old school doctors. made. up pills as
large as bullets, which nothing but an
ostrich could bolt without nausea. Hence
- n p